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Berkeley Allowed to Clear Homeless Camp With Disability Accommodations
Federal judge sets limits on city's plan to shut down encampment due to health and safety concerns.
Apr. 6, 2026 at 2:36pm
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A court ruling forces a city to carefully consider the impact on disabled homeless residents before clearing an encampment.Berkeley TodayA federal judge ruled that the city of Berkeley, California can proceed with plans to clear a homeless encampment in a city park, but must first accommodate disabled residents by conducting individualized assessments on how the move will impact them. The judge also prohibited the city from impounding or destroying any vehicles used as primary shelters.
Why it matters
The case highlights the complex legal and ethical issues cities face when addressing homelessness, as they must balance public health and safety concerns with protecting the rights of vulnerable unhoused individuals, especially those with disabilities.
The details
The homeless encampment in question posed safety risks due to the spread of a flu-like bacterial illness. However, the judge ruled that the city must first assess how clearing the camp will affect disabled residents before proceeding, in order to comply with the Fourth and 14th Amendments as well as the state-created danger doctrine.
- The federal judge issued the ruling on April 3, 2026.
The players
Berkeley, California
The city that planned to clear the homeless encampment due to public health and safety concerns.
What’s next
The city of Berkeley must now conduct individualized assessments of disabled residents in the encampment before proceeding with the planned clearing.
The takeaway
This case highlights the delicate balance cities must strike between addressing public health issues and protecting the rights of homeless individuals, especially those with disabilities, when clearing encampments.
